Guidance

British prisoners in Nauru

Published 17 September 2020

Disclaimer

The information was compiled by the Consular Section British High Commission Honiara. It is revised on a regular basis.

If any of the information contained herein is incorrect, please draw inaccuracies to our attention so that we can make amendments.

The British High Commission in Solomon Islands is not accountable for the information provided. Local proceedings are subject to change at any time.

Introduction

The UK has no Diplomatic Presence in Nauru. Consular services will be provided remotely by the British High Commission in Honiara.

Who can help?

The Foreign, Commonwealth & Development Office (FCDO)

The FCDO is represented overseas by its Embassies and Consulates (High Commissions in Commonwealth Countries). Both employ consular officers, and one of their duties is to provide help and advice to any British National who gets into difficulty in a foreign country.

About the High Commission

We are impartial; we are not here to judge you. We aim to make sure that you are treated properly and fairly in accordance with local regulations, and that you are treated no less favourably than other prisoners.

We can answer questions about your welfare and about prison regulations but you must ask your lawyer or the court about legal matters.

We cannot get you out of prison, pay fines or stand bail or interfere with local judicial procedures to get you out of prison nor secure you an earlier trial date; we cannot investigate a crime.

We have tried to make sure that the information in this booklet is accurate and up to date, but the British High Commission cannot accept legal responsibility for any errors or omissions in the information. If in doubt contact a lawyer.

Who are the Consular Representatives?

Steve Auld, Deputy High Commissioner, Honiara Solomon Islands

Rose Mua, Executive Assistant, Honiara Solomon Islands

Contact information

High Commission Switchboard: 00 677 21705
Email: bhc@solomon.com.sb

First steps

Who will know I have been detained?

As soon as a British national has been arrested and detained in Nauru, the authorities must let the detainee contact the British High Commission in Honiara. It is essential you notify the British High Commission as soon as possible following your arrest. It is your right to do so. You may also be able to make a second telephone call to the British High Commission or to family/friends (with a covering charge)

What will my family be told?

For reasons of confidentiality we are not permitted to tell anyone that you have been detained or what the charges are without your permission.

However, should you wish to inform your family, we can make contact with them? Through our colleagues in the FCDO in London. We can give your family or next-of-kin advice on prison procedure, regulations, and how you are doing. We can also pass on any messages from you.

What will the British High Commission do?

We aim to make contact with you within 24 hours of being notified of your arrest.

In case they wish to transfer any money to you, we can tell your next-of-kin how to transfer money through the FCDO in London. Money for prisoners should be sent to:

Payments by Postal Order, Bankers Draft or Building Society cheque should be crossed and make payable to “The Foreign, Commonwealth & Development Office”.

They should be sent to:

Accounts Receivable
Foreign, Commonwealth & Development Office
Corporate Service Centre
PO Box 6108
Milton Keynes MK10 1PX

We recommend that you use Recorded or Special Delivery.

Please ensure that you include a note briefly explaining who the money is for and why.

If you would like a receipt, please include a stamped self-addressed envelope.

Please note that personal cheques can take up to 15 working days to process and clear before we can advance funds. We do not accept Card payments, or cash sent in the post.

Electronic bank transfers

Payment by electronic/internet bank transfer can be made either using online or telephone banking, or at your local bank or building society.

For all bank transfers, you will need to include the following details:

Bank	National Westminster Bank
Account Name	FCDO Multi Vote
Sort code	60-70-80
Account Number	10012362
Reference	FCDO case reference number, surname and first name of the person you are sending the funds for and country name if possible
IBAN	GB56NWBK60708010012362
SWIFT	NWBKGB2L

You may also need our bank address which is:

London Corporate Service Centre, CPB Services,
2nd Floor, 280 Bishopsgate, London, EC2M 4RB

If you have dual nationality and are imprisoned in the country of your other Nationality the British Consul cannot assist you formally, under international law. However, Consular staff will provide whatever informal assistance the local Authorities will allow. Your relatives and friends can contact the above address for advice from the FCDO in London.

Would I have a criminal record in the UK?

You should be aware that if you have been convicted for certain serious offences, such as sexual assault or drugs trafficking, we are obliged to inform the UK police. It is therefore possible that information about this offence may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Visits

How do my family and friends arrange a visit?

Nauru is remote and we can assist by providing guidance on travelling to Nauru. We will also provide guidance on visiting the prison.

If your family/friends are travelling from the UK, we can also request extra visits for them. You should advise any potential UK visitors to contact us via the FCDO in London giving as much notice as possible.

Consular visits

We will aim to contact you within 24 hours. Visits in person by a UK Consular officer will take some time to arrange. With the prisoners agreement we may request consular support from Australia who have a resident Consular presence in Nauru

If you have any health or welfare concerns, please raise these with the prison authorities in the first instance

Prison conditions/services

Nauru is a small country with just one prison with a capacity of 80.

Prison conditions generally meet international standards. Short term detainees (no more than 24 hours) will be held in the same prison in a low risk area of the prison instead of in cells made from converted shipping containers

Authorities permit prisoners and detainees to submit complaints to judicial authorities through families, lawyers or directly to the officer in charge. All complaints are addressed by the Officer in charge and if necessary, the police assist with investigations. Government representatives visit the prison on a weekly basis. Prison visits by church groups and family members are permitted.

The Nauru judicial system

Legal system

Nauru’s legal system is based on English Common Law and acts passed by the Nauru Parliament. Full recognition of Nauru customary law is acknowledged in the Custom and Adopted Laws Act of 1971. Magistrates preside over both the District Court which hears civil and criminal cases, acting as the coroner, and the Family Court.

The Chief Justice heads the Supreme Court which has original and appellate jurisdiction. The final court of appeal in the Nauru justice system is the Australian High Court. In addition, there is a Public Service Appeal Board and the Police Appeal Board which are presided over by the Chief Justice along with another judge.

The constitution provides for an independent judiciary, and the government generally respect judicial independence.

Arrest procedures and treatment while in detention

Arrests are made openly, based either on warrants issued by authorised officials or for proximate cause by a police officer witnessing a crime. Police may hold a person for no more than 24 hours without a hearing before a magistrate.

There is a functioning bail system. The law provides for accused persons to have access to legal assistance, but in practice qualified assistance is not always readily available. Detainees are allowed prompt access to family members.

Trial procedures

The constitution provides for the right to a fair trial, and an independent judiciary generally enforces this right. Procedural safeguards are based on English common law. They include the presumption of innocence; the right to be informed promptly of charges; the right to adequate time and facilities to prepare a defence; the right to confront witnesses, present evidence, and appeal convictions; the right to trial by jury; and a prohibition on double jeopardy and forced self-incrimination. Trials are public, defendants have the right to legal counsel, and a representative for the defence is appointed at public expense when required “in the interest of justice.”

Bail and traditional reconciliation mechanisms rather than the formal legal process are used in many cases, usually by choice but sometimes under communal pressure. These rights are extended to all citizens without exception.

Civil judicial procedures and remedies

There is an independent and impartial judiciary in civil matters, including access to a court to bring lawsuits seeking damages for, or cessation of, human rights violations.

Arbitrary interference with privacy, family, home, or correspondence

The constitution and law prohibit such actions and the government generally respect these prohibitions in practice.

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned overseas. It is the only UK charity providing this service and it is available to all, whether guilty or innocent, convicted or on remand. Prisoners Abroad is concerned with your health and welfare, both during your imprisonment and also on your return to the UK, through their resettlement service (if you have registered whilst in prison).

They can also provide support and advice to your family during your imprisonment. In order to access any services, prisoners must first register with Prisoners Abroad by signing and returning their authorisation form. Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer will vary from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner and issues that may affect you such as health or transfer to the UK
• obtaining magazines, newspapers, books and the regular Prisoners Abroad newsletter
• writing to a pen pal
• learning the language of your country of imprisonment
• translation of documents
• grants for food if you are in a developing country and don’t have funds from other sources
• grants for essential medicines and toiletries if you don’t have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and assistance with the cost of visiting

Prisoners Abroad
89 – 93 Fonthill Road
London N4 3JH UKTelephone: 00 44 (0)20 7561 6820
For your relatives in the UK: free phone 0808 1720098 (Mondays to Fridays 9.30 am to 4.30 pm, UK time)

Email: info@prisonersabroad.org.uk Website: Prisoners Abroad

Prison Fellowship International

Prison Fellowship (PF) is a Christian organisation that gives support and help to people of all religions and those with none. They have members in 112 countries.

They can visit or write to prisoners, run fellowship groups, and provide religious material on request. They also work with ex-prisoners and their families through their local group network.

Prison Fellowship England & Wales
77 Great Peter St, London SW1P 2EZ, United Kingdom
Phone:+44 20 7799 2500

Website: PFEW

Prison Fellowship Northern Ireland
39 University Street, Belfast, County Antrim BT7 1FY, United Kingdom.
Phone: +44 28 9024 3691 University Street Belfast
BT7 1FY, UK
Tel: 0011 44 (0)2890 243 691

Website: PFNI

Prisoners’ Families and Friends Service

Based in London, the PFFS is an independent voluntary agency that has been helping prisoners’ families for nearly 40 years. They provide advice, information and support to relatives or friends of prisoners.

20 Trinity St, London SE11DB, United Kingdom
Free phone Helpline for prisoners’ families: 0808 808 3444

Website: PPFS

The Salvation Army

They can arrange to visit prisoners overseas through their international service.

Main UK and Republic of Ireland Office Telephone: (020) 7367 4500

The Salvation Army UK and Republic of Ireland Territorial Headquarters,
101 Newington Causeway, London, SE1 6BN

Email: info@salvationarmy.orgmailto

Website: Salvation Army UK and Republic of Ireland

Fair Trials International

Fair Trials aims to help individuals accused of crimes to understand and exercise their fair trial rights by providing information and referrals.

If you are facing criminal accusations, we have a range of materials available for you online, and we will also try to answer any specific questions you may have. Here is what we can and cannot do to help:

Fair Trials can:

• provide basic, practical guidance about criminal proceedings and defence rights – for example, how to appoint a local lawyer
• provide you and your local lawyer with advice on fair trials guarantees under international law and
• help you identify local sources of support, including local lawyers, where appropriate

Fair Trials cannot:

• provide financial or welfare assistance
• act as your lawyer, provide legal advice specific to your case, or provide information on non-criminal law aspects of cases
• track hearings or appeal dates, or monitor your case
• provide translation services or receive original legal documents or evidence
• liaise with lawyers, your family, or consular services

After your release

Sometimes people find that a new set of problems arises once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. Maybe you have never lived in Britain and have no ties there, or perhaps you have lost touch with friends and family. You may simply want to talk to another person who understands what you have been through, to help work out what to do next.

Prisoners Abroad (PA) can only offer a resettlement service to those prisoners who have been in contact with them before they arrive back in the UK. It is therefore essential that you register before you are released so you are entitled to use the resettlement service.

If you know your release date in advance, it is best to write and tell PA when you are likely to arrive and what help you think you might need.

When you first arrive back in the UK, you can visit PA (refer to the address above) for advice, to take a shower, use the temporary luggage store, make essential phone calls or use a computer. If you have no belongings PA may be able to help with toiletries and finding suitable clothing.

If you have no money and nowhere to go, PA’s Aftercare Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area
• later on you may want advice on housing, looking for work, applying for training or getting counselling. PA can refer you to the right agency

Solicitors practising in Nauru

Persons seeking legal advice from any of the practitioners in Nauru will be subject to the appropriate scale of fees of that practitioner.

The High Commission makes no recommendation for any of the Names, companies or authorities contained on the following websites, nor is it responsible for any advice given.

Annexes

Annex 1: FCDO leaflet: in prison abroad

Annex 2: Prisoners abroad: authorisation form

Annex 3: Prisoners abroad: family contact form

Annex 4: Fair Trials International questionnaire and leaflets questionnaireleaflets